+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 21
  1. #1
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64

    What happens after I answer a summons?

    Minnesota

    I'll try to keep this simply.

    I received a civil summons. I answered the summons. The opposing attorneys replied to my summons. I sent them an amended answer with a response to their reply.

    The opposing attorneys have a reputation for receiving summary judgments.

    My answer had several valid affirmative defenses.

    As of right now, there is nothing at the court administrators office concerning this case.

    What is the likelihood of them attempting to get a summary judgment even though I answered their summons? Are summary judgments easy to obtain when the defending party has properly answered the summons? Will I be notified if they attempt to get a summary judgment?
  2. #2
    You Are Guilty is offline Senior Member
    Join Date
    Jun 2004
    Posts
    10,906
    Quote Originally Posted by minnesotakent
    What is the likelihood of them attempting to get a summary judgment even though I answered their summons?

    Are summary judgments easy to obtain when the defending party has properly
    answered the summons?

    Will I be notified if they attempt to get a summary judgment?
    1. Hard to tell, my crystal ball rolled under the couch.

    2. Obtain? Yes. Win? Sometimes.

    3. If they don't notify you, they can't prevail, so I would very much expect them to send you a copy if they do file.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  3. #3
    seniorjudge Guest
    Quote Originally Posted by minnesotakent
    ...As of right now, there is nothing at the court administrators office concerning this case....
    You need to find out more about the status of this case or you will wind up losing all your rights (if any).

    It's time to go to the courthouse and look over this file.

    Take all the copies of the documentation of the stuff you got and the stuff you sent and show it to the clerk. You need to look at that file.
  4. #4
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64

    There is no information the court administrators office

    I went to the court house. They have no records of this case. In my correspondence with the plaintiff's attorneys they have left the case number blank on their forms.

    They have my county on their correspondence. However, when they mailed their response to me, they included a form that indicated I had been served by mail. That form listed a county that is about 100 miles from where I live. It is the county where their office is located.

    I called the court administrators office in their county, but they would not give me any information over the phone.

    Can they sue me in their county, or does it have to be my county?
  5. #5
    seniorjudge Guest
    "...Can they sue me in their county, or does it have to be my county?..."

    I don't know anything about the venue statutes in your state so I cannot tell you.

    Did you do business with them in that county?
  6. #6
    Rhubarb297 is offline Member
    Join Date
    Dec 2004
    Posts
    426
    Quote Originally Posted by minnesotakent
    What is the likelihood of them attempting to get a summary judgment even though I answered their summons?
    First of all, I'm not sure what you mean by "answer[ing] their summons. How did you answer it? I say that because your obligation is to answer the complaint, not the summons. And that could involve a very detailed response beyond many lay people.

    Maybe you're talking about a default judgment instead of a summary judgment. But if your'e talking about a summary judgment, there's no way of telling. It depends on the issues raised in their complaint, your answer and affirmative defenses, and the evidence.

    *************************************
    Will I be notified if they attempt to get a summary judgment?[/QUOTE]

    Until you have an attorney, they have to provide you copy of every motion they file in court. If you have an attorney, then they have to notify him/her and provide him/her copies. It's extremely (and I mean extremely) rare they can file things and get them heard ex parte.
  7. #7
    Rhubarb297 is offline Member
    Join Date
    Dec 2004
    Posts
    426
    Quote Originally Posted by minnesotakent
    I went to the court house. They have no records of this case. In my correspondence with the plaintiff's attorneys they have left the case number blank on their forms.

    They have my county on their correspondence. However, when they mailed their response to me, they included a form that indicated I had been served by mail. That form listed a county that is about 100 miles from where I live. It is the county where their office is located.

    I called the court administrators office in their county, but they would not give me any information over the phone.

    Can they sue me in their county, or does it have to be my county?
    Depends on the jurisdiction, but in many when a case is initiated the cause (or case) number is left blank and the clerk fills it.

    It could well be that the case is so new, it's not in the computer yet.

    Jurisdiction depends on a number of facts.
  8. #8
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64

    more information

    A little clarification:

    My answer was to the complaint. I answered each of the paragraphs with, "Answering paragraph x, defendant is without sufficient information or belief to admit or deny the allegations in this paragraph. Based on this lack of information or belief, defendant denies the allegations"

    I then listed 9 affirmative defenses.

    This law firm specializes in default judgments. I mistakingly called it a summary judgment.

    The law firm's business practices can be looked at at these two websites:

    [url]http://www.ag.state.mn.us/consumer/PR/PR_041221MesserliKramer.htm[/url]

    and

    [url]http://www.lawpoint.com/adobe_files/Resler%20v.%20Messerli%20-%20Kramer%20%20P.A.%2003-00932.pdf[/url]
  9. #9
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    How were you able to file your Answer if you don't have a case number? How were you able to pay the filing fee without a case number?

    You are leaving out important information.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  10. #10
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64

    more information

    My answer went directly to their attorneys. Until the case is actually filed with the court, according to Minnesota law, I must answer directly to the Plaintiff. If I do not answer the complaint, they can get a default judgment. According to the articles I have posted, this law firm has a reputation for lieing in court and saying they never received an answer.

    Once they actually file a case with a court, then I need to add my papers to the file ASAP.


    Here is more:

    [url]http://www.startribune.com/stories/587/5149807.html[/url]

    and

    [url]http://www.startribune.com/stories/587/5149818.html[/url]
  11. #11
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64

    Minnesota law

    This explains the Minnesota laws concerning default judgments.


    [url]http://www.courts.state.mn.us/districts/fourth/Civil/cfAdminDefaults.htm[/url]
  12. #12
    seniorjudge Guest
    I am not clear what you want us on this forum to do.
  13. #13
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64
    My concern is that I will end up with a judgment against me without even being allowed to defend my myself in court.


    What is the likelihood of them attempting to get a default judgment even though I answered their complaint?

    Are default judgments easy to obtain when the defending party has properly answered the complaint?

    Will I be notified if they attempt to get a default judgment?
  14. #14
    seniorjudge Guest
    It's up to you to go to the courthouse and make sure you get your day in court.
  15. #15
    minnesotakent is offline Member
    Join Date
    Sep 2003
    Posts
    64

    I now have a judgment against me

    I just found out that a default judgment was entered against me earlier this week. I had been going to the court administrators office every few days for the last 2 weeks. There was no record of this case until the judgment was entered.

    I never received my day in court. I answered the complaint. I followed all of the necessary steps and I still never had my day in court. I am amazed that the other party received the judgment and I never had a chance to defend myself.

    The links I provided in my earlier posts describe the tactics used by this law firm.

    What are my legal options? Can I appeal the judgment? When can they start removing money from bank account?

Similar Threads

  1. Summons Answer
    By 777twist in forum Condos and Co-Ops
    Replies: 1
    Last Post: 12-30-2009, 07:24 PM
  2. How to answer a summons
    By otis629 in forum Debt Collections
    Replies: 19
    Last Post: 05-31-2009, 07:49 AM
  3. An answer for the summons
    By Josie $ Crisis in forum Debt Collections
    Replies: 5
    Last Post: 10-17-2007, 08:53 AM
  4. summons answer
    By urkson in forum Banking & Credit Cards
    Replies: 2
    Last Post: 11-06-2003, 12:05 PM
  5. Summons answer
    By StormShadow in forum Banking & Credit Cards
    Replies: 5
    Last Post: 03-07-2003, 08:12 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.